Langrell v. Wright

• Citation: 2 Boyce 311,80 A. 235
• Parties: LANGRELL v. WRIGHT.
• Decision Date: 26 April 1911
• Court: Delaware Superior Court

80 A. 235
2 Boyce 311

LANGRELL
v.
WRIGHT.

Superior Court of Delaware. Kent.

April 26, 1911.

Action by Belle Langrell against James D. Wright, administrator of George W. Moore, deceased, for personal services rendered the deceased during his life by plaintiff. Nonsuit entered.

See, also, 77 Atl. 772.

At the trial, after the plaintiff had proved the nature and value of the services rendered and closed her testimony, the defendant moved for a nonsuit on the ground that the plaintiff had failed to produce the probated account covering the services sued for, as required by section 29, c. 89, p. 677, Revised Code. The plaintiff admitted that such production had not been made.

Argued before PENNEWILL, C. J., and RICE, J.

Richard R. Kenney, for plaintiff. Franklin Brockson and Arley B. Magee, for defendant.

PENNEWILL, C. J. (delivering the opinion of the court). The statute seems to be plain upon this question. Section 29 of chapter89 of the Revised Code, at page 677, provides :

"Before an executor, or administrator, shall pay any debt against the...